2021-330 CFD NO. 2021-2 Sumac Ridge Levy Special taxesORDINANCE NO. 2021-330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2021-2 OF THE CITY OF MENIFEE (SUMAC RIDGE)
AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on September 15, 2021, the City Council (the "City Council") of the City of
Menifee (the "City") adopted Resolution No. 21-1066 declaring its intention to form Community
Facilities District No. 2021-2 of the City of Menifee (Sumac Ridge) (the "District") pursuant to the
Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of
Division 2 of Title 5 of the Government Code of the State of California (the "Act"), and its
Resolution No. 21-1067 declaring its intention to incur bonded indebtedness for the District; and
WHEREAS, on November 3, 2021, after providing all notice required by the Act, the City
Council conducted a noticed public hearing required by the Act relative to the proposed
formation of the District, the proposed levy of a special tax therein to finance certain public
facilities described in Resolution No.21-1066 and to secure the payment of any bonded
indebtedness of the District, and the proposed issuance of up to $15,000,000 of bonded
indebtedness as described in Resolution No. 21-1067; and
WHEREAS, at the November 3, 2021 public hearing, all persons desiring to be heard on
all matters pertaining to the formation of the District and the proposed levy of the special tax to
finance the facilities described in Resolution No. 21-1066 and to secure the payment of up to
$15,000,000 of bonded indebtedness of the District as described in Resolution No. 21-1067 (the
"Bonds") were heard and a full and fair hearing was held; and
WHEREAS, on November 3, 2021, the City Council adopted Resolution Nos. 21-1095
and 21-1096 which formed the District and called a special election within the District on
November 3, 2021 on three propositions relating to the levy of a special tax within the District,
the issuance of the Bonds and the establishment of an appropriations limit within the District;
and
WHEREAS, on November 3, 2021, a special election was held within the District at
which the qualified electors approved by more than a two-thirds vote Propositions A, B and C
authorizing the levy of a special tax within the District for the purposes described in Resolution
No.21-1095, the issuance of the Bonds as described in Resolution No.21-1096 and
establishing an appropriations limit for the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2021-2 OF THE CITY OF MENIFEE (SUMAC RIDGE) ORDAINS AS FOLLOWS:
4827-0258-8923v2/200299-0004
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special
taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in
accordance with the rate and method of apportionment set forth in Attachment C to Resolution
No. 21-1066, which is incorporated by reference herein (the "Rate and Method"). The special
taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in
each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to
refund the Bonds), payment of all costs of the public facilities and services authorized to be
financed by the District, and payment of all costs of administering the District.
Section 3. Each of the Mayor, the City Manager, the Deputy City Manager, or their written
designees (each, an "Authorized Officer"), acting alone, is hereby authorized and directed each
fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal
year on each parcel of real property within the District, in the manner and as provided in the
Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method
shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the
special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and
directed to provide all necessary information to the Treasurer -Tax Collector of the County of
Riverside and to otherwise take all actions necessary in order to effect proper billing and
collection of the special tax, so that the special tax shall be levied and collected in sufficient
amounts and at times necessary to satisfy the financial obligations of the District in each fiscal
year, and with respect to the Special Tax, until the Bonds are paid in full, the facilities have been
paid for, and provision has been made for payment of all of the administrative costs of the
District.
Section 4. Properties or entities of the state, federal or other local governments shall be
exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of
the Act and Section F of the Rate and Method. No other properties or entities are exempt from
the special tax unless the properties or entities are expressly exempted in Resolution No. 21-
1095 or in a resolution of consideration to levy a new special tax or special taxes or to alter the
rate or method of apportionment or an existing special tax as provided in Section 53334 of the
Act.
Section 5. All of the collections of the special tax shall be used as provided for in the Act,
the Rate and Method and Resolution No. 21-1095.
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem
property taxes are collected and shall be subject to the same penalties and the same
procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes
(which such procedures include the exercise of all rights and remedies permitted by law to make
corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as
such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the
interest or principal of the Bonds (including any bonds issued to refund the Bonds), together
with any penalties and other charges accruing under this Ordinance, are not paid when due, the
City Council may, not later than four years after the due date of the last installment of principal
on the Bonds (including any bonds issued to refund the Bonds), order that the same be
collected by an action brought in the superior court to foreclose the lien of such special tax, as
authorized by the Act.
4827-0258-8923v2/200299-0004
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City
Clerk (referred to herein as the "City Clerk") shall attest to the Mayor's signature and then cause
the same to be published within fifteen (15) days after its passage at least once in The Press
Enterprise, a newspaper of general circulation published and circulated in the City of Menifee.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the
provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this Ordinance
to the Treasurer -Tax Collector of the County of Riverside, and to perform all other acts which
are required by the Act, this Ordinance or by law in order to accomplish the purpose of this
Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a
written or printed copy having been available to the City Council and the public a day prior to its
final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
This Ordinance was introduced on the 3 day of November and PASSED AND ADOPTED by the
City Council of the City of Menifee at a regular meeting held on this 17 day of November, 2021.
ATTEST: APPROVED:
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Bill Zjmkej+nabj Mayor
4827-0258-8923v2/200299-0004
MENIFEE.
d/
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2021-330 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 17 day of November, 2021 by the following vote:
Ayes:
Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes:
None
Absent:
None
Abstain-
None
ar A. Manwaring, MMC
City Clerk